Professional Documents
Culture Documents
therefore equally obvious that the only way this Board can fulfill its
where granting the CN for closure will place New Jersey’s “ability to
risk.” Id.
is Muhlenberg.
that the less essential hospital, John F. Kennedy, would remain open.
make the decision that due to its claimed financial inability to keep
This Board is named the State Health Planning Board for a reason.
what is best for the entire State of New Jersey, paying particular
the best plan for the overall delivery of health care services
upon which this Board or the Commissioner could conclude that JFK is
State Health Planning Board
June 10, 2008
Page 5
still delivering those health care services that are most important to
reasons that those alternatives will not work. While the application
way any of the issues that this Board and the Commissioner are
cursory reading of the CN application that the only need that Solaris
its own perceived Corporate Need. It is equally obvious that the only
Commissioner because
194 N.J. at 436. The Court made clear that this failure occurred
at 435.
which yields the conclusion that there is really no choice other than
undertaken. For that reason alone, this Board can only recommend
keeping it largely a secret from the general community. When the day
inevitably came when they had to reveal their plan to close Muhlenberg
to the general public, the general outcry from the entire community in
not come solely from elected officials of Plainfield and the other
area who have used and continue to depend on the Hospital. The
that their beloved, 131 year old hospital, a hospital that continues
whom are unable to pay for their care without government support or at
a more affluent area. The people in these communities also can not
understand how the closure of Muhlenberg can have anything other than
assistance of POP and the local clergy, decided to fight the shutdown
resolutions opposing the shutdown, and each of the two public hearing
days drew more than a thousand people who, by their very presence,
The reasons for this are many, beginning with the fact that the
with other providers and is not at all suited for the consideration of
closure decisions.
advocate with the power to take discovery and to build and present a
that the applicant has not met its burden of proving the need for the
closure. Instead, the public is given only what the applicant chooses
let alone examine the claims made by the applicant through cross-
all who wish to speak to be heard, even for a mere three minutes each.
application, there were long lists of people who asked to be heard but
who were not permitted to speak due to the lack of sufficient time.
Indeed, on the second night, many people were not even allowed to add
their names to the list because the Department’s staff knew that more
people had already signed up than could ever be reached. Thus, the
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June 10, 2008
Page 11
without even giving those who believe they have a stake in the matter
heard.
substitute for the poor and working class members of the community,
the community’s health needs and the larger economy of the Plainfield
area could be known and all of the problems arising from this shutdown
Moreover, even if the people had the means to hire the necessary
experts and attorneys would not have any means to explore even
Muhlenberg’s books, let alone the records of Solaris and its many
subsidiaries, nor would they have access to any of the other records
have begun to propose new legislation that might improve the process
in the future, but in the case of Muhlenberg, those changes may well
amount to closing the barn door after the horses have fled, or trying
make all but impossible for the people to adduce and make a part of
Jersey makes clear, that is the duty that this Board and the
Need.
West Jersey. At a minimum, this means that the following studies and
concluded that “the market” was not the appropriate means to determine
Providing health care for the rich while denying it to the poor
hospitals were essential and which were not and recommended that
the Department.
Jersey. Moreover, when a corporation like Solaris owns more than one
hospital and claims that its own financial problems require it to shut
hospital owned by the group. From what is known about Muhlenberg vs.
the statewide health care system than JFK, so there should be no basis
negative impact of the shutdown upon the necessary health care needs
needs to be, the basis for its belief and its amelioration plan. For
others, not by Solaris, and are not without problems of their own.
this record must be made prior to this Board taking further action.
and the deficits in the community’s ability to meet those needs likely
or cure a problem without first knowing what the problem is that needs
Muhlenberg closes will be too little too late - people will suffer
obviously impact the economy and many other aspects of life in the
State Health Planning Board
June 10, 2008
Page 16
what the impact of the proposed shut down is likely to be upon that
why this Board must insist upn having such information before it
for Muhlenberg, one of the oldest and finest hospitals in the State
and a hospital that was founded with the express purpose of providing
institution, and its many donors, large and small, have a strong
It is clear from what little public testimony has been heard that
which Solaris has depleted the assets of Muhlenberg for the benefit of
Muhlenberg rather than JFK. Was the JFK option even considered? If
Solaris and why were they rejected? The CN application says that
there was such consideration, but none of the details have been
work with the community, the beneficiaries of the trust that they have
regulation.
the State to protect the public from harm arising from poor or illegal
before this Board is absolutely satisfied that the applicant has fully
there has been much public discussion about the possibility of some
Solaris says that it has explored some of these things, but none of
“essential” and all avenues for saving it have been exhausted. Only
determination.
full service acute care hospital, this Board and the Commissioner must
insure that these efforts have the time and assistance necessary to
possible.
community should be closed until the community can be assured that all
reasonable alternative means for keeping that hospital open have been
closed or are planning to close, and while different entities own the
various hospitals that are closing, the State, acting through the
only the State may give the approval necessary for the shutdown. This
is not the first occasion in which an entity that owns hospitals both
these closings is imposed upon Black, Hispanic and poor people. Even
impact against minority groups that have long been the subject of
Jersey (NJDHSS 2007). Accordingly, this Board must not play any part
in creating a healthcare system for the State that is, for all
increase the “health disparities between white and racial and ethnic
CONCLUSION
citizens of New Jersey. Moreover, the Legislature and the Courts have
made it plain that one of the primary reasons for the CN process is to
at the heart of the purposes of the CN system and the stated health
by car due to congestion and traffic patterns and the fact that
State Health Planning Board
June 10, 2008
Page 24
neither the Parkway nor the Turnpike goes anywhere near Muhlenberg.
seven miles away as the crow flies - requires taking either a bus or a
bus to JFK.
has deep roots in its community, and as the outpouring of protest from
serves.
religion.
so, this Board must urge the Commissioner to find a way to keep it
Respectfully submitted,
/s/Bennet D. Zurofsky
BENNET D. ZUROFSKY
Attorney for POP
State Health Planning Board
June 10, 2008
Page 26